good question for entertaining objective debate
Well, laws should reflect customs, customs should reflect values, values should reflect character, and character should reflect experience. Until the majority of society has had sexual relations with a corpse, I don't think we as a whole are in a position to outlaw it.
that
and...
http://wiki.answers.com/Q/In_which_countries_is_cannibalism_legal
i think cannibalism would logically come first in the degenerative path of liberation towards 'disrespecting the dead'
if society in general started moving in that direction, too many people who dug up and fucked their recently deceased cousin would carry over that bizarre view of morality into other areas, and have a blunted conscience due to associations and lack of ability to compartmentalize to that extreme degree.
so probably no it should not be legal- it's a more extreme and more black/white case than violent video games and aggression (which we all know should stay completely legal)
objectively, sex with something dead does no harm, other than possible medical and psychological consequences. if someone was "fucked up" enough to do it and never ended up committing a "victim" crime, i'd grin at the reality of having met a necrophiliac.
maybe for some people who seriously have a clinical case of necrophilia, they could obtain a license for it. some people may feel they need to fuck the dead before they kill someone to fuck, as opposed to graduating to something worse after the necrointercourse or whatever that word would be.
apparently this is the case in the UK: As of the
Criminal Justice and Immigration Act 2008, it is also illegal to possess physical depictions of necrophilia, electronic or otherwise. Necrophilia-pornography falls under the governmental description of
extreme pornography, of which, possession is classed as illegal under the aforementioned act.